The Nagpur bench of the Bombay High Court has granted bail to a 26-year-old man who had been arrested for sexual assault on a 13-year-old girl. While granting relief, the court observed that they had a love affair and the alleged sexual relationship between the two appeared to be out of love and not due to lust.The accused, Nitin Dhaberao, was allowed bail in the case filed by the father of the minor girl.Justice Urmila Joshi-Phalke of the Nagpur bench held that the girl stated that she had voluntarily stepped out of her house and that the accused was also "of a tender age of 26 years and out of love affair, they come together".The court observed, "The applicant is also of the tender age of 26 years, and out of the love affair, they come together.""It seems that the alleged incident of a sexual relationship is out of the attraction between the two young people, and it is not the case that the applicant has subjected the victim to a sexual assault out of lust," the court further stated.
The case against the accused, Nitin Dhaberao, was lodged by the father of the victim, alleging that his 13-year-old daughter had stepped out of the house on August 23, 2020, on the pretext of bringing books, but she did not return.The father subsequently reported a missing complaint, after which the police traced her. After this, the minor girl told the cops that the accused and her had a romantic relationship. She told the police that the accused had even promised to get married to her. She then took ornaments and cash from her house and went along with Dhaberao, and they stayed at various places outside the state.While granting bail, Justice Joshi-Phalke noted, "As far as merit is concerned, admittedly, the victim is 13 years of age, and her consent is not relevant. She also joined the company of the applicant (accused) and admitted her love relationship with the applicant in her statement."
The court also stated, "From her (minor's) statement, it reveals that she stayed along with the present applicant at various places and did not make any grievance as she was taken by the applicant using some force. Thus, it is apparent that, out of the love affair, she joined the company of the applicant."The accused was booked under Sections 363, 376, 376(2)(n), 376(3) along with Section 34 of the Indian Penal Code and Sections 4,6 and 17 of the Protection of Childrean from Sexual Offences Act.
TAGS: Nagpur bench Bombay High Court BailNitin Dhaberao Sexual assault
